Citation Nr: 21027621 Decision Date: 05/06/21 Archive Date: 05/06/21 DOCKET NO. 11-23 160 DATE: May 6, 2021 ORDER Entitlement to service connection for left lower extremity external cutaneous nerve radiculopathy is granted. REMANDED Entitlement to increased ratings for service-connected degenerative disc disease of the thoracolumbar spine (back condition), rated as 20 percent disabling prior to October 2, 2019 and as 40 percent disabling thereafter, is remanded. Entitlement to an increased rating for left lower extremity radiculopathy is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. FINDING OF FACT The preponderance of the evidence of record establishes that the Veteran has a current diagnosis of left lower extremity external cutaneous nerve radiculopathy associated with his service-connected low back disorder. CONCLUSION OF LAW The criteria for entitlement to service connection for left lower extremity external cutaneous nerve radiculopathy secondary to service-connected back condition, have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran service on active duty in the United States Army from October 1962 to October 1964. The Board notes this matter has been previously before the Board in June 2018. The Board's prior decision issued a grant for service-connection for a right ankle disability and remanded entitlement to an increased rating for back condition, entitlement to an increased rating for left lower extremity radiculopathy, and TDIU. Upon remand, the RO granted an increased rating for service-connect back condition of 40 percent effective October 2, 2019, 100 percent temporary rating for service-connected back condition from August 24, 2016 to October 1, 2016, and increased rating of 20 percent for service-connected left lower extremity radiculopathy effective May 28, 2019. In August 2019 and March 2020 rating decisions, the RO granted service connected for urinary incontinence and multiple right lower extremity radiculopathies. The Veteran has not expressed any disagreement with these assigned ratings or the assigned effective dates; therefore, the Board will not address these matters in its decision. Service Connection In June 2018, the Board remanded the appeal for an increased rating for service-connected back condition and left lower extremity radiculopathy for a current examination. The Veteran was examined in May 2019, October 2019, and March 2020. At the time, the Veteran was service connected for left lower extremity radiculopathy under Diagnostic Code 8520, sciatic nerve. The Board also notes that his radiculopathy was service connected as secondary to his service-connected back condition. The Board notes that the Veteran manifested mild incomplete paralysis of the external cutaneous nerve. See October 2020 VA Peripheral Nerves Condition Disability Benefits Questionnaire. Secondary service connection may be granted for a disability that is proximately due to, or aggravated by, a service-connected condition. 38 C.F.R. § 3.310. It has already been established that the Veteran's left lower extremity radiculopathy was secondary to his service-connected back condition. See April 2012 Rating Decision. As this is a separate and distinct disability associated with his back condition, service connection is warranted for radiculopathy of the external cutaneous nerve. See 38 C.F.R. § 4.124a, Diagnostic Code 8529. Whether the Veteran is entitled to an increased rating for his service-connected left lower radiculopathy under Diagnosis Code 8520 will be addressed in the remand section. REASONS FOR REMAND 1. Back Condition and Left Lower Extremity Radiculopathy The claim of entitlement to a higher rating for service-connected back condition and service-connected left lower radiculopathy were last adjudicated in a November 2019 supplemental statement of the case (SSOC). Since then, the Veteran underwent VA examinations in March 2020, and new relevant VA treatment records have been added to the claims file. While the Board notes a March 2020 rating decision was issued, the rating decision did not address whether the issue of entitlement to an increased rating for service-connected back condition or service-connected left lower extremity radiculopathy for the entire period on appeal. Therefore, a remand is necessary to issue another SSOC to inform the Veteran of the material changes in information since the November 2019 SSOC and to consider new evidence in the first instance. 38 C.F.R. § 19.31(a), (b). 2. TDIU Here, the Board finds in addition to the issuance of an SSOC, the claim for TDIU must also be remanded for further development. In the August 2011 claim, the Veteran submitted a claim for TDIU. Unfortunately, the Veteran filed the claim on a VA Form 21-526b, Supplemental Claim. The Board notes that Veteran claims he is unemployable due to his service-connected disabilities. Although the Veteran currently meets the schedular criteria for consideration for TDIU, based upon multiple service-connected disabilities, a remand is necessary for a VA Form 21-8940 to provide VA with relevant information. The matters are REMANDED for the following action: 1. Furnish the Veteran with a 38 C.F.R. § 3.159(b) notice letter and a VA Form 21-8940 as to the TDIU claim. 2. Then, complete any additional development of the evidentiary record deemed necessary, before readjudicating the Veteran's claim. 3. Lastly, furnish the Veteran with an SSOC that considers all relevant evidence submitted since the November 2019 SSOC pertaining to the issues of increased rating for back condition, left lower extremity radiculopathy, and TDIU, to include the March 2020 VA examinations and VA treatment records. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Glaeser, Associate Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.